Tuesday, August 16, 2011

Hinds County Circuit Judge Tomie Green dismissed Ablene Cooper's lawsuit against The Help author Katie Stockett this morning. Judge Green ruled the statute of limitations for intentional infliction of emotional distress expired and Ms. Cooper had no recourse, even if the tort did occur. Kathryn Stockett did not attend the hearing in the spacious courtroom. Reporter Emeritus Jerry Mitchell even attended the hearing, lending an air of solemnity to the proceedings although the reporters from WJTV did their best to imitate two kids at McDonald's playland with their unprofessional behavior.

Ablene Cooper filed suit against Kathryn Stockett, the author of The Help, for $75,000 in damages for intentional infliction of emotional distress, in Hinds County Circuit Court on February 11, 2011. Ms. Cooper worked as a maid in the home of Ms. Stockett's brother and also "served as a babysitter" for his child.

Ms. Cooper alleges she asked Ms. Stockett not to use her "name and likeness" in the novel and Ms. Stockett refused. Ms. Cooper claims "It has been emotionally upsetting and highly offensive to Ablene to be falsely portrayed in 'The Help' as an African-American maid in Jackson, Mississippi who uses this kind of language and compares her skin color to a cockroach" and that her "portrayal of Ablene in such a false light is highly offensive to a reasonable person." Ms. Cooper also states Ms. Stockett still refuses to acknowledge her misappropriation of Ms. Cooper's identity and treatment of her as well.

Ms. Stockett filed a motion for summary judgment on April 14, 2011. Ms. Stockett argued most, if not all, of Ms. Cooper's claims are barred by the statute of limitations. Ms. Cooper filed her lawsuit two years after publication of The Help. Ms. Stockett argues the torts of invasion of privacy and intentional infliction of emotional distress are subject to a statute of limitations period of one year. Ms. Stockett also claims the novel is not about Ms. Cooper but "is about a matter of public concern", race relations. Ms. Stockett opines to the court there is no way anyone could mistake the Abilene character for the real-life Ablene. She states "the first names are spelled differently", "the last names are different", and the character would be 102 years old today and thus no one would mistake a 102 year old lady for a middle-aged woman. Ms. Stockett also trots out the expected free speech arguments, again arguing the book is about a matter of "public concern" and is entitled to "special protection" under the first amendment. Ms. Stockett is represented by Fred Banks, a highly-esteemed lawyer who was the second black Justice on the Mississippi Supreme Court.

Ms. Cooper responded with an answer to Ms. Stockett's motion filed on April 27. She claimed Ms. Stockett "fraudulently induced" her to "believe The Help was no big deal and the book was rejected no less than sixty times. The response includes a quotes from an 2009 interview (last page of documents posted below) with the Atlanta Journal Constitution:

"When I was writing this book I never thought anyone else would read it, so I didn't get real creative with the names. I just used people I knew. Some of them aren't talking to me right now, but I feel like they'll come around...."

"I was terrified when I realized it was going to be published."

Needless to say, Ms. Cooper used this statements to argue Ms. Stockett was terrified because she allegedly misappropriated identities and would be found out after publication. The rest of the response merely restates the alleged injuries and damages outlined in the complaint and Ms. Cooper's affidavit (The two documents are included in the linked posts below.).

The war of the motions continued in Ms. Stockett's reply to Ms. Cooper's reply to her reply to Ms. Cooper's lawsuit (sorry, could not resist). It argued Ms. Cooper "does not dispute the material facts" - one of them being the book was published before February 10, 2009. Ms. Stockett uses that date to argue the statute of limitations of one year had expired, thus depriving Ms. Cooper of her ability to sue. Ms. Stockett claims Ms. Cooper was put on notice when the author sent her a free copy of the book and said she told Ms. Cooper "her favorite character in the book was an African-American child-carer names Abileen who was born in 1911" and the character was based on Demetrie McLorn. Ms. Stockett states no concealment occurred and there was no "plan" to keep the plaintiff in the "dark about the contents of the novel." Indeed, Ms. Stockett calls Aibileen the heroine of the novel and one who is not demeaned in anyway by her portrayal.

Judge Green appeared in the courtroom without a copy of Leaves of Grass in her hand. She spoke in regular voice, avoiding the use of rhyme or iambic pentameter. Green immediately brought up the issue of whether the statute of limitations had expired. The jurist made a big deal out of the fact the author sent Ms. Cooper a copy of the book after the plaintiff's lawyer admitted she received a copy of the book in January 2009 from the author but then argued she was misled by Ms. Stockett's words and actions. He argued Ms. Stockett did not tell her the book was set in Jackson, did not mention the cockroach reference, and said the character was based on her favorite maid, Demetri.

The counsel for Ms. Cooper argued under a discovery rule a jury should determine whether the statute of limitations had expired. Judge Green replied "she does not have to be told and the issue was "when she should have known, not when she actually found out." "She may very well be the character" but that there was no "concealment" and "she could have read it". Judge Green ended her remarks by stating "your client had the information she needed to file" and dismissed the case.

38 comments:

saw them crying on the c-l website. took me awhile to process that and then it dawned on me. they're distraught b/c now they have to figure out how to repay that money they borrowed from counting those chickens in the eggs

Ms. Cooper certainly didn't acquit herself very well in her long walk to the car. Her son didn't do her any favors either.

One thought: this is the proper resolution for what many of you would call a "frivolous lawsuit". Obviously, the judge determined that the claim was brought out of time and/or did not have sufficient merit to try and find a continuing tort and extend the statute of limitations. The defendant believed in the law, and it carried the day for her.

I think that justice was served in this case, and the system worked the way that it is supposed to.

Tomie Greene would have eaten a turd a mile long to be able to escape the obvious requirement of observing the limitations statute. Frankly she had no option once someone called it to her attention. Here's a copy of the poem she slipped to the plaintiff:

Baby it sho hurts my heart,You know I tried to do my part.

Like you, I wanted to see the bitch pay. And I tried my best to make yo day.

I had visions of you at Barksdale's Riegeland lot,You so deserve half of what that bitch done got.

But sweetness, it just ain't to be, It's just the law. It sho ain't up to me.

I think my main point was simply that many people who believe the justice system needs more "tort reform" to prevent "frivolous lawsuits" should view the result reached in this case, and observe that the court system has very effective checks and balances to prevent a case with little merit from moving forward.

Reducing Plaintiffs' access to the courts further hurts everyone. Our system works well, as in this case.

I guess she was the only black woman with a gold tooth that worked for white people, so it had to be her. Come to think of it, I'm a black man that drove a little old white lady around town. That's it! I going after Alfred Uhry for $9750.00! I've got my eye on this sweet 87 Crown Vic with 22" dubs!!!

If she sees how " her name" character is portrayed in the movie, perhaps she'll be less upset. The character was equally heroic in the book which convinces me it wasn't Mrs. Green. Who apparently is still manipulated by the white folk.

It's the law suit that makes Mrs. Green look bad.

Cooking with creative ingredients is mild compared to murdering the Hilly character ...which is what all readers and movie audiences would see as justifiable homicide.

i bet Ablene Cooper is just beside herself. and to think she has suffered all that pain and suffering on top of knowing that all that money is being made by someone not named Ablene with a gold star tooth

@Andrew Newcomb; just who do you suggest is "Reducing Plaintiffs' access to the courts". They line up six deep and five wide most mornins. As long as 'all eights' and 'for the people' commercials air every six minutes, access will be guaranteed. Mayhaps you just need a more creative ad writer.

Shadowfax, my point was that the justice system works well as it is currently constructed. I was using this result as an example.

Many people aren't aware of the many procedural steps that weed out lawsuits that are without merit. Summary judgment is a good example of that, as in Ms. Cooper's case.

My initial comment was simply to point out a positive result in the court system among a group (KF's audience by and large) who doesn't believe the system works, or that it needs "reform".

I don't really know what to make of your reference to t.v. ads promoting lawyers as "guaranteeing access" to the courtrooms. Getting an attorney has nothing to do with legislation passed by the federal and state governments to limit time, liability and damages in a way that harms consumers and individuals.

I don't think that t.v. ads do any favors for lawyers, by the way. In fact, t.v. ads are one of the things that turn the public against lawyers.

Also, lining up six deep and five wide, as you phrased it, is the right of every American. You'd apparently have that right taken away until you needed it, I presume.

I'm sorry that the lawsuit was dismissed. I recognized some of the names mentioned in the book, so I have no doubt that KS didn't change the names enough. And it wasn't like Ms. Cooper was asking for millions, she was asking for a resonable amount of money.

Who is the Hottest Reporter in Jackson?

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything). Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

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Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

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This is definitely a Beaver production.Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!